Recording has begun.
Thank you.
Looks like we're pretty good cheer.
and we do have Sherman available as needed.
Okay, thank you.
We're ready to go.
Good morning.
My name is Bill Bergman
and I will be chairing this morning's EBA hearings.
With me is Carol Tenere, our vice chair.
Present, Mr. Chair.
Ismail Shahid, our board secretary.
Present, Mr. Chair.
Thomas Holliman, our board member.
and james snell our board member present mr chairman also with me is our executive director
director tanya sunkett and our attorney sherman top and we'll be on the line shortly
before we begin good morning before we begin here's our virtual format be advised the
proceedings are being recorded. By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting tonyasunkett at phila.gov. For the benefit of our
court sonographer, we ask attorneys and witnesses to identify themselves before testifying. Three,
if you're participating by phone, if you wish to testify, press star nine to raise your hand
and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email
and the address for the property in question. And lastly, note that the question answer box
on the screen is not for testimony or comments. Any comments have to go through our Executive
Director Tanya Sunken. And I'm going to start with our continuances for the day.
Number 12, MI 2021-004-902-5858 Woodcrest Street. That case is continued. Is there
anyone who has comments relative to that continuance? Good morning, Mr. Chair. This
is Jason Hand. I'm a co-host this morning. I do not see any hands, sir. Thank you, Mr. Hand.
Are there anyone else requesting continuances? Okay, sir. We have Mr. Bart Levy with his hand
raised. I will allow him to speak at this time. Good morning, Mr. Levy. Good morning.
What case, Mr. Hold on, Mr. Levy. Let me swear you. Mr. Chair, Tom is now on. Okay. Thank you.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I do, Mr. Chairman.
Could you state your name for the court reporter and spell it, please?
I'm Bart Levy, B-A-R-T-L-E-V-Y.
I'm an attorney for case 4902.
I merely wanted to register my attendance today.
I thought it was proper to attend even when we...
I'm sorry.
Could we pause so he can swear you in?
I did.
Okay, thank you, Chair.
Mr. Levy, is that the 5858 Woodcrest?
Yes, sir.
Okay, good.
Thank you, sir.
We have it.
Thank you.
If I may, I seek permission to leave.
Thank you, Mr. Levy. You can.
Thank you, Mr. Levy.
You can.
Thank you.
Thank you.
Are there any other requests for continuances?
Are there any other requests?
Sir, I have Mr. Richard DeMarco with his hand raised. I will allow him to speak at this time.
Good morning, Mr. Chair and members of the board. Can you hear me?
I can. Could you state your name and spell for the court reporter, Mr. DeMarco?
Yes. Good morning, everyone. Richard DeMarco, spelled D-E-M-A-R-C-O.
do you swear for him to tell the truth the whole truth and nothing but the truth
yes i do what case sir 1925 north 19th street uh we are ready uh we have support from the rco
but i have a an emergency uh where i have to attend a 10 a.m courts conference i'm asking
to be moved to the end of the list and i will be back uh and my client is also aware
uh that's all right i'm asking the board's indulgence uh to be moved that that's fine
with me we'll make that the last case this morning i appreciate it the client is aware
thank you so much okay anyone else requesting a continuance
the chair i have mr jack hubert hand raised he has been allowed to speak
good morning mr chairman i'm jack i get miss good could you please spell your name for the
court report and spell it jack hubbard h-u-b-b-e-r-t i'm the attorney for the applicant
of 1802 harland street and we are requesting a continuance today to further deal with the
questions raised by the uh let me just swear you real quick you swear for him to tell the truth
the whole truth and nothing but the truth? Yes, I do. Okay. And you're working with the RCO you're
saying? Yes. Okay. Case continued. Thank you. Permission to leave. Thank you. Please. Anyone
else have a case to be continued? Mr. Sloan, folks, has his hand raised. I would allow him to speak,
sir. Excuse me. Mr. Folks, state your name and spell for the court reporter. Good morning,
chairman bergman and zba board my name is sloan folks s-l-o-a-n-e f-s and fire well k-s from the
office of councilwoman maria canina sanchez 7th district 508 city hall do you swear for him to
tell the truth the whole truth and nothing but the truth yes i do sir what case do you want to
talk about? Case number MI-2021-00446215-64 Westbrook Street. So Mr. Folks, I think there's
an attorney involved in that. Are you going to request to continue? Yes, there is. Mr. Adam
Lever. Yes. Why don't I bring Mr. Adam Lever along? Is that okay? Yes, sir.
Good morning, Chairman Birdman, members of the board, Mr. Folks, Adam Lever of Blank Room.
Could you spell your name for the court reporter, please, Mr. Leaver?
Yes, Chairman Bergman, Adam Leaver, L.A.B. as in Victor, E.R., Blank Rome, 1 Logan Square, Philadelphia, PA, 19103, on behalf of the applicant.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, Mr. Chairman, I do.
Mr. Folks, why don't you start?
Yes, sir. Our office, understanding that the applicant has met with the RCO and has garnered a letter of support based on a community benefits agreement between the applicant and RCO, the Councilwoman would like to request continuance to further discuss the variance request and the community benefits agreement.
The Councilwoman has some questions with the cash payment to the RCO or the CBA in lieu of
affordable housing units that she has been the cornerstone of her agenda in the North
Square community as well as the 7th District. Mr. Chair, which case are we talking about?
Number two, number two. Number two, cash payments? 150 to 64 Westbergs. I got it.
so so sloan you're saying there was cash payments to the no no sir the cba right there was a cba
benefits agreement right and in the cba there is an arrangement where um the developer would
pay into a fund yeah that would that would uh assist uh assist uh community uh residents uh
in the in in the skcp catchment area sure so that that's that's you know that's that's so i'm sorry
if cash payment sounded no no that's fine that's fine okay thanks for clarifying
mr labor okay thank you mr chairman and members of the board um this has been a robust unusually
robust community engagement uh process uh there have been eight months of discussions with the community
eight months of discussions with the community five uh five formal meetings with the community
with the coordinating rco which was selected pursuant to the zoning code by the council
member's office my records also reveal that uh we reached out as a courtesy to mr folks
on behalf of the council member just shy of two years ago.
My records show April 7th of 2020 was the first outreach that I had.
We very much respect council member Quinonez Sanchez and all of her staff
and are committed to ongoing discussions with the council member.
However, there is no requirement under the zoning code by which this case is being reviewed concerning the issue that Mr. Fulks has raised.
So very respectfully, we ask that we proceed with this case, which has been supported appropriately by the coordinating RCO and other members of the community,
and allow me to put on the record that I and the developer are committed to offline continued
discussions with the council member. Oh, one additional fact, Mr. Chairman, this case was
already continued once, and it went through the civic design review process in which the council
member's office sat on that review through Mr. Fulks, her representative, and the coordinating
RCO, of course, had a voice in that. Mr. Fulks, do you have anything you want to add to that?
Everything Mr. Laver said was accurate. Actually, when I checked my records,
he did reach out to us during COVID. I specifically remember having that discussion
in my automobile uh back in 2020 so all of those things are accurate um the the point
the salient point is still uh that the council member um does have uh the concern at this moment
um clearly uh the uh the developer and and and the tear team has done their due diligence regarding
the project um but uh unfortunately um we didn't really review the cba or the councilman did have
opportunity but that's not true councilman didn't see the cba until a day ago um and again she has
some concerns if the uh and if the um the the board is so inclined to hear uh this case today
we'd ask for a uh a a a hold for a while the councilman still would like to have for the zoom
meeting between the um rc with the rco and the uh the and mr laver's uh uh uh team uh to further
discuss this okay all right so we're going to go on with the case and then we're going to have
vote at a different time so you can you can have your meeting wherever you want okay thank you mr
chairman sloan did you hear that so you'll be available for that i heard your number two on
the list. Thank you, sir. That makes sense. Okay, thank you. Anyone else have a continuance?
Sir, Mr. Vern Anastasio has his hand raised. I will have allowed him to speak at this time, sir.
Good morning, Mr. Chair. Good morning. Could you state your name and spell it for the court
reporter? Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O. Do you swear or affirm to tell
the truth the whole truth and nothing but the truth i do proceed what case thank you i was uh
i'm just uh raising my hand not for continuance but for uh two withdrawals and i wasn't quite sure
if you were folding withdrawals in what what what's what cases it's a 70 106 caster avenue
and 407 south 20th
20th street is already tagged in the system as withdrawn but i'm not sure 7106 caster is so i
wanted to bring it to your attention
number seven one is caster number seven is caster avenue yes sir
and that's 9 30 7106 9 30 number 7 is is 20th street i got that i got what's the other one
of 7106 castor avenue it was scheduled for this morning
oh mr chairman it's number 13 okay
Thank you, Vern. Appreciate it. Withdrawing.
Thank you, Vern. Appreciate it. Withdrawing. Thank you.
Thank you. Have a good day.
Thank you.
Anyone else?
I'm sorry, Chair. Would it be possible to state them individually into the record? Thank you.
I will.
So, 4-0, here it is here, MI 2021-004-968-407 South 20th Street.
and MI 2021-002848-7106, Caster Avenue.
Both cases are withdrawn.
Okay, any other cases?
Okay, I'm going to go.
Sir, I have a hand raised with a number that ends in 3552 with the hand is up.
I guess I'll speak out loud to speak at this time.
Please unmute and wait to be sworn in, sir, madam.
Could you state your name and spell it for the court reporter?
Yes, my name is Adrienne Fernandez, A-D-R-I-E-N-N-E-F-E-R-N-A-N-D-E-Z.
Wait one minute. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
I have a question about the withdrawal listed on the ZBA calendar for 502 West Clapier Street, 19140.
You're withdrawing that, ma'am?
She's asking for a confirmation if it was withdrawn.
I guess you weren't on.
I was on it before you started, but no one mentioned that address.
Oh, Mr. Chairman, it's number 11.
I know, I know, but that's, I haven't withdrawn that.
That case is not withdrawn.
It's on the calendar.
It's now withdrawn?
No, no.
No, it's on the calendar to be heard.
It's on the calendar.
I'm sorry, Chair.
Mr. Consul is the attorney for that and has his hand raised.
If we need clarification, please allow him to be sworn in, Steph.
Good morning, Joe Consul.
Could you state your name and spell for the court reporter, please?
Yeah, Joseph Consul, C-O-N-S-O-L-E.
Right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
I do. Is that case ready to go, Mr. Counsel?
I have two cases today. Clapier Street has been withdrawn.
Okay, hold on a minute.
MI 2021-004-904-502
West Clapier Street, withdrawn.
Thank you, Mr. Counsel.
Any other continuances?
Sir, I have Mr. John Taylor with his hand raised.
I have allowed him to speak at this time.
Good morning, John Taylor. T-A-Y-L-O-R. Prepared to be sworn in.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
What case, sir?